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INDUSTRY CITY MANAGEMENT v. ATLANTIC MUTUAL INSURANCE COMPANY

64 A.D.3d 433 (2009)

882 N.Y.S.2d 121

INDUSTRY CITY MANAGEMENT et al., Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2009.

Industry correctly argues that a March 2005 letter to defendant, written on Industry's behalf by its own insurer's claims administrator, seeking coverage for Industry as an additional insured, constituted timely notice to the insurer within the meaning of Insurance Law § 3420 (a) (3), and as such required a timely disclaimer from defendant (see JT Magen v Hartford Fire Ins. Co., ___ AD3d ___, 2009 NY Slip Op 03851 [2009...

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